Originally published by San Diego Rostra: 8-4-10:
At first the people of California passed a law stating that marriage would be defined as a union between a man and a woman. Then, a court overturned the law, claiming it was unconstitutional. So, later on, in 2008, after seven million people passed Proposition 8, the California constitution was actually changed. I went on the radio at this point predicting that somebody would find the amended constitution unconstitutional. I said it in a way that sounded sarcastic but I was also dead serious. Well, today, that is just exactly what happened. A federal judge has found the California constitution to be unconstitutional, that is, in serious conflict with the federal constitution, which, incidentally, says that our independent states have a right to make their own constitutions.
The rationale was that the state constitution violates federal rights, which must transcend all states and be true for all Americans, namely the promise for equal protection under the law. If the Supreme Court upholds this brilliant reasoning, it will have to explain why plural marriage is not also a candidate for equal protection. And what about marriage between children and adults? Do you think I’m exaggerating? Are you aware that in 1994 the American Psychiatric Association declassified pedophilia as an emotional disorder (unless the person experienced some kind of distress related to the feelings) just as they had declassified homosexuality in 1973? Did you know that NAMBLA marches in gay pride parades and talks about the beauty of love between an adult and a child just as gays talk about the suitability of love with the same gender? Did you know some college professors are teaching that the age of consent should be substantially lowered and point to ancient but “sophisticated” societies that did not have “hang-ups” over sex between an adult and a child?
Meanwhile, the will of some seven million Californians has been traded in for the opinion of one judge, democracy, hard at work. That’s seven million opinions not being tolerated for the sake of tolerance.
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